In Which A Dangerous Principle Is Illustrated

SHOULD the sagacious reader be disappointed in our hero Nicholas, who, instead of being represented as a model of disinterestedness, perilling his life to save others, sacrificing his own interests for the cause of liberty, and wasting on hardened mankind all those amiable qualities which belong only to angels, but with which heroes are generally invested for the happy purpose of pleasing the lover of romance, has evinced little else than an unbending will, he will find a palliation in that condition of life to which his oppressors have forced him to submit. Had Nicholas enjoyed his liberty, many incidents of a purely disinterested character might have been recorded to his fame, for indeed he had noble traits. That we have not put fiery words into his mouth, with which to execrate the tyrant, while invoking the vengeance of heaven-and, too, that we are guilty of the crime of thus suddenly transferring him from boyhood to manhood, nor have hanged him to please the envious and vicious,--will find excuse with the indulgent reader, who will be kind enough to consider that it is our business to relate facts as they are, to the performance of which-unthankful though it may be-we have drawn from the abundance of material placed in our hand by the southern world. We may misname characters and transpose scenes, but southern manners and customs we have transcribed from nature, to which stern book we have religiously adhered. And, too (if the reader will pardon the digression), though we never have agreed with our very best admirers of the gallows, some of whom hold it a means of correcting morals-nor, are yet ready to yield assent to the opinions of the many, so popularly laid down in favour of what we consider a medium of very unwholesome influence, we readily admit the existence of many persons who have well merited a very good hanging. But, were the same rules of evidence admissible in a court of law when a thief is on trial, applied against the practice of "publicly hanging," there would be little difficulty in convicting it of inciting to crime. Not only does the problem of complex philosophy-the reader may make the philosophy to suit his taste-presented in the contrariety of scenes on and about the gallows offer something irreconcileable to ordinary minds, but gives to the humorous large means with which to feast their love of the ludicrous. On the scaffold of destruction, our good brothers of the clergy would, pointing to the "awful example," assure the motley assembly gathered beneath, that he hath purified that soul, which will surely be accepted in heaven; but, he can in no wise condescend to let it, still directing the flesh, live on the less pure platform of earth. With eager eyes, the mass beneath him, their morbid appetites curiously distended, heed not the good admonition; nay, the curious wait in breathless suspense the launching a human being into eternity; the vicious are busy in crime the while; the heedless make gay the holiday. Sum up the invention and perpetration of crime beneath the gallows on one of those singular gala-days, and the culprit expiating his guilt at the rope's end, as an "awful warning," will indeed have disclosed a shallow mockery. Taking this view of the hanging question, though we would deprive no man of his enjoyment, we deem it highly improper that our hero should die by any other means than that which the chivalrous sons of the south declared "actually necessary."

But before proceeding further with Nicholas, it may be proper here to state that Annette and the stranger, in whose hands we left her, have arrived safe at New York. Maxwell-for such is his name-is with his uncle engaged in a lucrative commercial business; while Annette, for reasons we shall hereafter explain, instead of forthwith seeking the arms of an affectionate mother, is being educated at a female seminary in a village situated on the left bank of the Hudson River.

In returning to Nicholas, the reader will remember that Grabguy was something of a philosopher, the all-important functions of which medium he invoked on the occasion of his ejectment from Fetter's court, for an interference which might at that moment have been taken as evidence of repentance. The truth, however, was, that Grabguy, in the exercise of his philosophy, found the cash value of his slave about to be obliterated by the carrying out of Fetter's awful sentence. Here there rose that strange complexity which the physical action and mental force of slave property, acting in contrariety, so often produce. The physical of the slave was very valuable, and could be made to yield; but the mental being all powerful to oppose, completely annulled the monetary worth. But by allowing the lacerations to heal, sending him to New Orleans, and making a positive sale, some thousand or twelve hundred dollars might be saved; whereas, did Fetter's judgment take effect, Mr. Grabguy must content himself with the state's more humble award of two hundred dollars, less the trouble of getting. In this democratic perplexity did our economical alderman find himself placed, when, again invoking his philosophy-not in virtue of any sympathetic admonition, for sympathy was not of Grabguy-he soon found means of protecting his interests. To this end he sought and obtained an order from the Court of Appeals, which grave judiciary, after duly considering the evidence on which the criminal was convicted before Fetter's tribunal, was of opinion that evidence had been improperly extorted by cruelty; and, in accordance with that opinion, ordered a new trial, which said trial would be dististinguished above that at Fetter's court by being presided over by a judicial magistrate. This distinguished functionary, the judicial magistrate, who generally hears the appeals from Fetter's court, is a man of the name of Fairweather Fuddle, a clever wag, whose great good-nature is only equalled by the rotundity of his person, which is not a bad portraiture of our much-abused Sir John Falstaff, as represented by the heavy men of our country theatres. Now, to enter upon an analysis of the vast difference between Fetter's court in ordinary, and Fuddle's court in judiciary, would require the aid of more philosophy than we are capable of summoning; nor would the sagacious reader be enlightened thereby, inasmuch as the learned of our own atmosphere have spent much study on the question without arriving at any favourable result. Very low people, and intelligent negroes-- whose simple mode of solving difficult problems frequently produces results nearest the truth--do say without fear or trembling that the distinction between these great courts exists in the fact of Justice Fuddle drinking the more perfect brandy. Now, whether the quality of brandy has anything to do with the purity of ideas, the character of the judiciary, or the tempering of the sentences, we will leave to the reader's discrimination; but true it is, that, while Fetter's judgments are always for the state, Fuddle leans to mercy and the master's interests. Again, were Fuddle to evince that partiality for the gallows which has become a trait of character with his legal brother, it would avail him nothing, inasmuch as by confirming Fetter's judgments the fees would alike remain that gentleman's. If, then, the reader reason on the philosophy of self-interest, he may find the fees, which are in no wise small, founding the great distinction between the courts of Messrs. Fuddle and Fetter; for by reversing Fetter's judgments fees accrue to Fuddle's own court, and belong to his own well-lined pocket; whereas, did he confirm them, not one cent of fees could he claim. The state should without delay remedy this great wrong, and give its judicial gentlemen a fair chance of proving their judgments well founded in contrariety. We should not, forsooth, forget to mention that Fuddle, in his love of decorum--though he scarce ever sat in judgment without absorbing his punch the while--never permitted in his forum the use of those knock-down arguments which were always a prelude to Fetter's judgments.

Before Fuddle's court, then, Grabguy has succeeded in getting a hearing for his convicted property, still mentally obstinate. Not the least doubt has he of procuring a judgment tempered by mercy; for, having well drunk Fuddle on the previous night, and improved the opportunity for completely winning his distinguished consideration, he has not the slightest apprehension of being many months deprived of his property merely to satisfy injured justice. And, too, the evidence upon which Nicholas was convicted in Fetter's court, of an attempt to create an insurrection--the most fatal charge against him--was so imperfect that the means of overthrowing it can be purchased of any of the attendant constables for a mere trifle,--oaths with such fellows being worth about sixty-two a............